International Legal Research |
Contributors: Gallagher Law Librarians Jonathan Franklin, Ann Hemmens, Peggy Roebuck Jarrett, Cheryl Rae Nyberg, and Mary Whisner.
- Introduction
- Definitions
- Research Strategy
- Library Departments and Branches
- Electronic Sources
- Research Guides and Bibliographies--International Law
- Research Guides and Bibliographies--Foreign Law
- Language
- Directories
- Library Catalogs
- Periodicals
- Treaties and Other International Agreements
- Custom, Principles, Teachings
- International Cases
- United Nations
- Intergovernmental Organizations (IGOs)
- European Union
- Foreign Law Research
- Federal Legislative Materials
Introduction
When you research international or foreign law, you will look for and use different types of information: laws, cases, and regulations from national bodies; practice guides or overviews of legal topics; scholarly discussions of the law; news stories; policy studies.
You will find this information in different types of sources (or formats): books, periodicals, microfiche and microfilm, locally mounted databases, commercial online services, Internet sites.And you will obtain those sources in different locations, using different methods: at this library, at other libraries on campus, through interlibrary loan, on library terminals, through your own computer, in the Computer Lab.
What this means is that you may need to be creative and flexible in your research and to plan ahead in order to gather the materials you need. Be prepared for the limitations of any library you use.You can expect your county law library to have your state’s statutes, but it will not have statutes for all the countries of the world. Even very large law libraries cannot have deep collections for all jurisdictions. For example, the Gallagher Law Library has very strong collections for China, Japan, and Korea, but has very little for most Latin American countries.
Use research guides to help you form a research strategy and find appropriate sources.Use secondary sources to get an overview of a topic and to find citations to other sources. Consider when you can and cannot compromise – e.g., do you need the current text of a statute or would you be satisfied with a summary that is a few years old?
topDefinitions
- Foreign Law
- The domestic law of a country other than your own.
- Comparative Law
- Study comparing the laws of two or more countries or two or more legal systems. This often includes the study of foreign law -- to find articles about foreign law, you may need to use the terms "comparative law" or "comparative method" in some indexes.
- Public International Law
- Rules dealing with the relations between two or more states (i.e., countries).
Rules dealing with some relations between states and persons (e.g., human rights)
Rules dealing with international organizations.
International economic law is the branch that deals with economic exchanges between states – it may include monetary law, trade law, customs law.
Sources of international law
(1) international conventions (treaties)
(2) international custom, as evidence of a general practice accepted as law
(3) the general principles of law recognized by civilized nations
(4) judicial decisions and teachings of the most highly qualified publicists of the various nations. Article 38 of the Statute of the International Court of Justice. - Private International Law (Conflict of Laws)
- Rules dealing with relations among individuals that have an international element, typically rules concerning which country’s laws apply to a particular dispute.
- Soft Law
- “Guidelines, policy declarations, or codes of conduct that set standards of conduct but are not directly enforceable.” Black’s Law Dictionary (7th ed. 2000).
- Transnational Law
- Rules governing certain disputes that are accepted
regardless of national jurisdiction.
Some people promote this as a solution to some problems of international commercial law: contracting parties from different countries would both be bound by this transnational law, rather than by the law of either party’s country.
Some writers refer to it as "the international law of lex mercatoria."
Research Strategy
Preliminary Analysis
When you begin a project, ask yourself what you already know
about the topic.
Write a list of questions you want to answer. These can include factual questions as well as questions about the law. You should revisit this list as you go along. Write a list of search terms you think will be useful in indexes and databases. |
graphic credit: Florida Center for Instructional Technology |
Sources of International Law
Article 38 of the Statute of the International Court of Justice lists the following as the sources it will apply:- international conventions (treaties),
- international custom, as evidence of a general practice accepted as law,
- the general principles of law recognized by civilized nations,
- judicial decisions and teachings of the most highly qualified publicists of the various nations.
Gather and Read Secondary Sources
Search for legal books and law journal articles on your topic.Read (selectively) and take notes.
- Is there a convention that applies? If so, get the text.
- Do the sources discuss activities that could constitute “international custom” or “general principles of law”?
- Do the sources cite case?
- international tribunals
- courts from various countries
- Do the authors offer interpretations that you agree or disagree with? Should you address those positions in your paper?
- Can you use any of the sources as “teachings of the most highly qualified publicists”? (A treatise by a famous professor would count; a law review note by a second-year student would not.)
Gather and Read Conventions, Cases, and Other Sources
Your notes from secondary sources should provide you with many leads. Use the citations you find. Then you can branch out -- for instance, by searching for cases or statements by government officials.Use Nonlegal Sources
- News sources can provide leads to very recent legal developments (e.g., a pending case, a treaty under negotiation).
- Nonlegal sources – news, scientific, technical, economic – help you develop the factual context for the legal issue.
- News sources and historical works can provide evidence of custom.
Update Your Research
- Has there been action on the treaty (adoption, reservations, abrogation)?
- Is there a new treaty on the topic?
- Are there new cases?
Library Departments and Branches
UW Gallagher Law Library
- URL: http://lib.law.washington.edu.
- MARIAN, the Law Library's Internet based online catalog.
- Search for materials in the Law Library's collection. Also provides access to electronic databases, legal periodical indexes (e.g., Index to Foreign Legal Periodicals), other library catalogs, free Internet legal resources, Law Library services (e.g., interlibrary loan request form), and information on changing the catalog display to view characters in other languages.
- Law Library materials are not included in the main University of Washington Libraries catalog.
- For catalog searching tips see "Library Catalogs" section of this guide.
- Reference Office on floor L1, 543-6794, handles reference questions for United States law, international law, and the law of foreign jurisdictions. The Reference staff will assist with basic legal reference questions regarding China, Japan, and Korea, but will refer patrons to the Library's East Asian Law Department staff for in-depth questions concerning those countries. Email reference service for UW law students.
- East Asian Law Department handles Chinese, Japanese, and Korean law reference questions. 543-7447; e-mail rrbritt@u.
- Specialized research guides are available.
- Circulation Department on L1, 543-4086, provides a variety of services with respect to accessing materials.
- If a book you need is checked out, you can request the book by talking to a Circulation staff member or via MARIAN, the online catalog.
- If a book (or journal) you need is not available here in the Law Library or in the UW Libraries, or in the academic libraries in Washington and Oregon states (for more information, see the "Summit" section below), Circulation staff may be able to borrow it for you from other libraries through interlibrary loan. See the Interlibrary Loan webpage for more information about this service.
UW Libraries
- URL: http://www.lib.washington.edu/.
- UW Libraries online catalog includes materials available in the many library departments located throughout campus (e.g., Suzzallo Library, Engineering Library, Fisheries-Oceanography Library, Foster Business Library, and East Asia Library). It does not include the Law Library materials, which are available through MARIAN.
- Information about the libraries around campus is available via the UW Libraries Research Databases website. Selected departments include:
- Government Publications, Suzzallo Library ground floor; 543-1937. Government Publications is a depository for U.S. federal government publications and for Canadian, United Nations, and European Union documents. The collection includes selected documents from a variety of international organizations. Some microfiche documents are here (e.g. EC Official Journal). Foreign Broadcast Information Service (FBIS) is a collection of translations of newspaper articles and radio and television broadcasts from foreign countries. The emphasis is on political, socioeconomic, scientific, technical, and environmental information. The set has been superceded by the online World News Connection (WNC), which is available through the UW Libraries Research Databases page.
- The UW Libraries online catalog includes selected international titles, but many titles must be accessed through internal records/files with staff assistance.
- Microform and Newspaper Collections, Suzzallo Library
ground floor; 543-4164. MicNews maintains a large current international newspaper collection, with an emphasis on Slavic, South
and Southeast Asian papers and a selection of European and American papers. Includes indexes and backruns for major newspapers.
- Many, but not all, of this collection is included in the online UW Libraries catalog. Additional items are accessed via the card catalog.
- Additional online guides to the collection include the Microform Sets Guide and the Primary Sources on Microfilm guide.
- Newspaper indexes and select full-text databases are available on the Newspapers: Finding News Articles page.
- See also the News Sources on the Internet page (arranged by region of the world).
- Suzzallo Library Reference, Suzzallo Library first floor, 543-0242; email: refquest@u.washington.edu. Handles reference questions concerning: anthropology, cinema studies, classics, communications, economics, education, English language and literature, ethnic studies, geography, Germanics, history, linguistics, philosophy, political science, psychology, religion, Romance languages and literatures, sociology and women's studies. Includes links to research databases in the humanities and social sciences.
Summit
Summit is an online library catalog that combines information from more than 30 academic libraries in Washington and Oregon into a single unified database. UW students, faculty, and staff can search the online catalog and borrow materials directly from these libraries for delivery to UW Law Library. The UW Libraries and the UW Law Library catalogs are included in Summit. Four other law school libraries are included in the Summit catalog. More About Summit
ShareLaw
ShareLaw is an online law library catalog that combines information from six law school libraries---Boalt Hall (University of California-Berkeley), George Washington, Tarlton Law Library (University of Texas-Austin), the University of Miami, Yale, and the University of Washington. UW School of Law faculty, students, and staff can search for materials held by participating law libraries and may directly request material that is not available at the Gallagher Law Library. More About ShareLaw
topElectronic Sources
Connecting to Online Resources
Many electronic databases and indexes are available to you. Some databases are licensed by the University with a restriction that they are only for the UW community. You have two options for accessing these databases:
- use a UW-connected computer, such as the public computers in the Law Library
- use your own computer and sign in with your UW NetID at the
Gallagher Law Library website or the
UW Libraries website. Look for
these links:
or
, click, then sign in.
See the Gallagher guide on Connecting to Online Library Resources for more information.
Law-Specific Databases
On the Gallagher Law Library homepage, use the pull-down option under the Find Legal Databases heading. Select the database you want to search and then click on Go. See the Legal Databases & Indexes page for a complete list and descriptions.
University Libraries Research Databases
The UW Libraries Research Databases page is an excellent entry point for a variety of indexes and databases available to University of Washington users. Browse by database name or use the Resources by Subject option, where you'll find topics such as African studies, East Asia, fisheries, health sciences, human rights, international studies, Japanese studies, political science and public affairs, religion, Southeast Asian studies, and women's studies.
LexisNexis & Westlaw
UW law students have LexisNexis IDs and Westlaw passwords for educational purposes. For help, ask a reference librarian or a LexisNexis or Westlaw student representative or call Customer Service (LexisNexis 1-800-543-6862; Westlaw 1-800-REF-ATTY, 1-800-733-2889). Each vendor has a law school portal: For educational purposes, UW students from departments and schools other than the School of Law have access to LexisNexis Academic through the UW Libraries Research Databases page. This version of LexisNexis does not offer the same coverage as the version law students use. Material that is listed in this guide as available on LexisNexis is available on the law school version but may not be available on the general academic version.Internet
A wide variety of material is available on the Internet. Government agencies, IGOs, universities, businesses, and individuals post documents and other information on their websites. The Internet has become particularly valuable for international law researchers because some documents are now available on the Web that are otherwise very difficult to obtain.
Gallagher's Internet Legal Resources page links to selected websites for comparative, foreign, and international law research. Other sources include:- International Inter-Governmental & Non-Governmental Organizations (from the UW Libraries Government Publications Library) links to free international and foreign law websites.
- The Legal List: Research on the Internet includes a chapter on international and foreign law web resources. KF242.A1 H496 at Reference Office
- Ken Kozlowski, The Internet Guide for the Legal Researcher: The Complete Resource Guide to Finding Legal Information on the Internet, includes a chapter on international web resources. KF242.A1 M3 at Reference Office
Email Discussion Lists
Also called "listservs," email discussion lists enable people to communicate and share information quickly and easily.
For information on the use of listservs and a selected list of international law lists, see the ASIL Guide to Electronic Resources for International Law, Lists, Newsgroups & Networks.


